HomeMy WebLinkAboutORD NO 3342ORDINANCE NO. 3342
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND CITY ZONING
MAP NO. 102-32 BY CHANGING THE LAND USE
ZONING OF THAT CERTAIN PROPERTY IN THE CITY
OF BAKERSFIELD LOCATED ON THE SOUTH SIDE OF
BRIMHALL ROAD APPROXIMATELY 700 FEET WEST OF
COFFEE ROAD FROM AN M-2 (GENERAL MANUFACTURING)
ZONE TO A C-2 (COMMERCIAL) ZONE.
WHEREAS, in accordance with the procedure set forth in
Title 17 of the Municipal Code of the City of Bakersfield, the
Planning Commission has held a public hearing on a petition to
change the land use zoning of that certain property in the
City of Bakersfield located on the south side of Brimhall Road
approximately 700 feet west of Coffee Road; and
WHEREAS, by Resolution No. 37-90 on September 6, 1990,
the Planning Commission recommended approval and adoption of an
ordinance amending Title 17 ef the Municipal Code to approve a
C-2 (Commercial) Zone, as delineated on map marked Exhibit "A",
attached hereto and incorporated herein as though fully set
forth, by this Council and this Council has fully considered the
findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the Planning Commission, as a result of said
hearing, did make several general and specific findings of fact
which warranted a negative declaration of environmental impact
and a change in zoning of the subject property from an M-2
(General Manufacturing) Zone to a C-2 (Commercial) Zone, and the
Council has considered said findings and all appear to be true
and correct; and
WHEREAS, there appears to be no substantial detrimental
environmental impact which could result from the proposed project;
and
WHEREAS, a Negative Declaration was advertised and
posted on August 15, 1990 in accordance with CEQA (Zone Change
#5069 file); and
WHEREAS, the City Council has determined after due con-
sideration of said petition and the recommendations of the
Planning Commission herein on file, together with the reasons
advanced at the hearing for change in zoning of said property,
that zone change should be authorized; and
WHEREAS, the required public notices have been given;
WHEREAS, the City Council has considered and hereby
makes the following findings:
and
and good
tioned.
1. That public necessity, convenience, general welfare
zoning practice justify the change in zone, as condi-
2. That the proposed rezoning is consistent with the
Bakersfield Metropolitan 2010 General Plan.
3. The project would not have a significant adverse
effect on the environment.
4. That the condition of approval that a PCD (Planned
Commercial Development) Zone be adopted for the property prior to
any development mitigates possible adverse effects.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be
true and correct.
2. This Council hereby approves and adopts the Negative
Declaration.
3. Section 17.06.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield be and the same is hereby amended
by changing the land use zoning on Map No. 102-32 of that certain
property in said City, the boundaries of which property is shown
on the map marked Exhibit "A" attached hereto and made a part
hereof, as follows:
FROM AN M-2 (GENERAL MANUFACTURING) ZONE
TO A C-2 (COMMERCIAL) ZONE:
The East 100 acres of the Northeast Quarter
of Section 32, Township 29 South, Range 27
East, M.D.B.&M., in the County of Kern, State
of California, according to the Official Plat
of the survey of said land on file in the
Bureau of Land Management;
EXCEPTING the following parcel of land: That
portion of the Northeast Quarter of Section
32, Township 29 South, Range 27 East, M.D.B.&M.,
described as follows:
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Beginning at a point in the Northerly boundary
line of said Section 32, from which the
Northeast corner (marked by a concrete monument)
of said Section 32 bears South 89049, East,
832.0 feet distant;
THENCE South 0°11' West, 2106.4 feet;
THENCE South 0036, West, 533.3 feet to the
Southerly boundary line of the Northeast
Quarter of said Section 32;
THENCE North 89046, West, along the last
mentioned boundary line, 230.0 feet;
THENCE North 0036' East, 534.0 feet;
THENCE North 0°11' East, 2105.5 feet to the
Northerly boundary line of said Section 32;
THENCE South 89°49' East, along the last
mentioned boundary line, 230.0 feet to the
Point of Beginning;
ALSO EXCEPTING THEREFROM the East 701-1/2
feet thereof;
ALSO EXCEPTING THEREFROM the land South of
the North line of the Cross Valley Canal.
4. Approval of the above zone change is made subject to
adoption of a PCD (Planned Commercial Development) Zone.
SECTION 2.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfle]d ~e = ..... ~.~
meeting thereof held on FEB 1 ~ 1991 ......... ~ ....
following vote: , by the
,AYES; COUNCILMEMBERS: EDWARDS..De, MOND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO
NOES; COUNCILMEMBERS;
ABSENT COUNCILMEMBERS
ABSTAIN; COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
FEB 1 3 1991
~JENCE E. ~
EDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
~ LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
Attachments
Exhibit "A"
O ORD 4
ZC-C-2.1
1/24/91
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CITY OF BAKERSFIELD
ZONING MAPI02-$2
SEC. 52 l~ 2cj$ R 27E
LEGEND
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfie]d; and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a meeting held on
and entitled:
deposes and says:
acting and qualified City Clerk of the City
19th day of February 1991 she
City Hall, a full, true and correct copy of
No. 3342 passed by the Bakersfield
the 13th day of February 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By:. PU~YTY Ci'~?~l'~rk